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HR Services and Employment Law specialist: For Employers
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HR Services and Employment Law specialist: For Employers
Call Us: 01491 598 600 Email Us: cw@gaphr.co.uk

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How not to get a dismissal claim

There are times in life where less is more.

For example, after you’ve said something nice like “I really enjoy your sense of humour” it’s probably best not to follow it with “…I don’t care what anyone else says about you!”.

The same goes for unpleasant conversations like firing an employee for poor performance.

One of our clients had an employee who was under 2 years’ service.

In fact, he had only been there for 4 months.

His performance wasn’t great, and demand for the company’s product had dropped off, so it was a straightforward decision to let him go.

And if an employee has been with you for less than two years, they don’t have any legal protection from unfair dismissal.

Which means that as long as they are dismissed for a reason that is not a “protected characteristic” then they have no claim against you.

All you have to do is say:

 “Dave, really sorry, but it is not working out, your performance is not where we would like it to be and we have had a downturn in sales, so I am really sorry but we are giving you your notice”

Then you just pay him his week’s notice, which he would not be expected to work.

The more objective reasons you have for ending their job, the easier the conversation.

Anyway, the client sat down to talk to Dave and said all the above.

Dave picked up on the fact that his performance was not where it was meant to be and asked for more details.

Whereupon the client should really have stopped talking and told him that details would be in the termination letter.

What he instead said was:

“Well, you see Dave, you’re a bit too old really for this role. What we want is a young, energetic person who will do lots of training and have a positive attitude!”

With two little words, old and young, the client has now turned the liability from one week’s pay to an UNLIMITED claim against the company for age discrimination.

And with discrimination, you are guilty until proven innocent.

That is how quickly the winds can change.

If you are ever in this situation as a manager/business owner, then make sure you stick to the agreed script and don’t end up with a claim for £5,000, which is what Dave is now asking for!

Give us a call if you would like to talk through any unpleasant conversations you need to have, so that you stay on the safe side of the law.

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carolyne wahlen

About Carolyne

Carolyne has run a successful business since 2003, is a well-respected speaker, and author of all things HR. There are many, many business owners across the country who have had their very stressful employee issues magically disappear because they’ve teamed up with Carolyne and Gap HR.

Why Gap HR?

We exist to help you stay legal, compliant and profitable, without shelling out for an in-house HR manager. Over 180 clients benefit from the experience and expertise of the Gap HR team.

 

Call us on 01491 598 600

Email me on cw@gaphr.co.uk

 

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Ask a Question

  • If you are an employee and feel that you have been treated badly, then we strongly advise you to contact ACAS:

    Call the ACAS Helpline on 0300 123 1100 for free support and advice.

    Simply get in touch and they'll provide you with clear and confidential guidance about any kind of dispute or query that you have about relationship issues within the workplace.

    You may want to know about employment rights and rules, best practice or you may need advice about a dispute.

    Whatever it is, just give ACAS a call, their team are on hand to respond within the hours: Monday-Friday, 8am-8pm and Saturday, 9am-1pm.

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“We have been using Gap HR for several years now. Carolyne and her team are professional and efficient and we would not hesitate in recommending them for small businesses. It is a great relief to know we are supported by them for our HR advice and paperwork is kept up to date.”

Deb Green, Vermatech Pest Control

“I have been working with Carolyne and her team for 6 years now , when I first purchased 2Excel Logistics I found the HR scary as I wanted to do the right thing for my staff , with Gap HR on my side this all seemed easy and we have gone from 9 staff to 28 with no hassle what so ever , thank you to all at Gap HR”

Justin Wilkie, 2Excel Logistics

“So pleased to be working with Gap HR. They’ve straightened us out in no time. Their pricing is clear and they really know what they are talking about.”

Ashley Lewis, Wallingford Tiles and Bathrooms

“We are a growing company but do not have facilities in house yet for HR services in house. Gap HR is our go to service for all kinds of advice about HR for our business and we have found them very reliable, communicative and efficient. Would definitely recommend them”

Helen Gordon, Kitecreative

“Carolyne and team continue to provide great support to our business, with quick and accurate responses to help with our various HR needs.”

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“Gap HR have been at our side for a number of years now and are a great help in dealing with our HR needs”

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